Key Takeaways
• House Bill 318 expands mandatory ICE checks to all felonies, Class A-1 misdemeanors, and DWI charges in North Carolina.
• Sheriffs must hold certain inmates up to 48 hours and notify ICE at least two hours before any detainer release.
• The bill faces strong opposition from some sheriffs and community leaders, with a likely veto from Governor Josh Stein.
North Carolina is in the middle of a heated debate as lawmakers consider expanding sheriff cooperation with Immigration and Customs Enforcement (ICE) through a new proposal called House Bill 318. This bill, also known as the Criminal Illegal Alien Enforcement Act, could change how law enforcement and local immigrant communities interact in the state. Today, on April 29, 2025, North Carolina’s legislature is scheduled to discuss this bill, making it a critical day for advocates on both sides.
What House Bill 318 Proposes
House Bill 318 follows another law, House Bill 10, which went into effect on December 1, 2024, already requiring sheriffs to work with ICE. But House Bill 318 would expand those demands in several important ways. Let’s look at the most relevant details:
- Expanding Which Crimes Are Checked: Law enforcement agencies would now have to check the citizenship status of inmates facing all felonies, Class A-1 misdemeanors, and driving while impaired charges. Before, only some crimes triggered these checks, but the new bill would broaden the list so that many more inmates are reviewed for immigration status.
- Longer Detention Periods: Sheriffs would be obligated to hold undocumented inmates for up to 48 hours—even after they would otherwise have been released—to give ICE agents time to decide if they will take custody of the person.
- More Advance Notice: Jail officials would need to tell ICE at least two hours before they let out any inmate held on what is called a “detainer.” A detainer is a request from ICE to hold someone in jail so the agency can pick them up for possible deportation.
If lawmakers approve House Bill 318, it would start being enforced from October 2025.
Understanding the Bigger Picture
Lawmakers backing House Bill 318 say it’s necessary to keep North Carolina safe. The main sponsor is House Speaker Destin Hall, a Republican. They argue that by expanding sheriff cooperation with Immigration and Customs Enforcement, it will be easier to identify people living in the United States 🇺🇸 without legal status who are breaking the law and to hand these individuals over to ICE before they might disappear within the community.
House Republicans are not the only ones pushing for more ICE cooperation. Senate Republicans introduced a similar piece of legislation in February 2025 called Senate Bill 153, or the “North Carolina Border Protection Act.” These repeated efforts show that many lawmakers are putting immigration enforcement high on their list of priorities.
Voices of Concern and Opposition
But House Bill 318 is not without strong opposition. Some local sheriffs, especially those from larger communities, are speaking out with concerns. Mecklenburg County Sheriff Garry McFadden has been clear about his concerns, arguing that new laws like this can be “rushed and poorly conceived.” McFadden points out that such bills are sometimes created without input from local sheriffs, even though these officers deal directly with immigration, crime, and social issues every day. He believes that laws made without proper discussion don’t create real solutions or help law enforcement and immigrants build trust.
Many other critics, some of them Democratic sheriffs, fear that the bill could end up making communities less safe. Their main worry is that if immigrants feel scared of being turned over to ICE for even small problems with the law, they may avoid talking to police—even if they have witnessed or experienced a crime. They also note that sheriffs are already working closely with Immigration and Customs Enforcement under House Bill 10, passed just last year.
Existing Rules Under House Bill 10
Right now, House Bill 10 lays out how sheriffs in North Carolina must work with immigration officials:
- If someone is arrested and believed to be living in the country without permission, the jail must bring that person before a judge to confirm who they are.
- These individuals are then held up to 48 hours so ICE agents can pick them up from jail if they choose.
- ICE must respond and arrange pick-up within that 48-hour window.
Most of the state’s 100 county sheriffs were already honoring ICE requests before House Bill 10 passed—meaning the policy was already common practice. House Bill 10 simply made it mandatory statewide. However, not all sheriffs have agreed with this approach, and that divide is growing more visible as lawmakers try to increase cooperation even further through House Bill 318.
How House Bill 318 Changes Things
With House Bill 318, sheriffs would be told to check the citizenship status of anyone charged with a felony, Class A-1 misdemeanor, or driving while impaired offense. This is different from current law, which is limited to certain crimes. It means a wider group of people could face checks and possible handovers to ICE, even if the crimes involved are not considered serious by some.
The bill’s expanded detention rule means someone could sit in jail for an extra two days, even after a judge says they can go free, just to give ICE time to decide what to do next. This could keep more people in jail just because of questions about their immigration status.
Another key point is the notification to ICE. Jailers must inform ICE at least two hours before releasing any inmate with a detainer. This extra time could be used by ICE agents to prepare and make sure they don’t miss picking up someone they want to investigate or deport.
Why Lawmakers Want Stronger ICE Cooperation
Backers of the bill say the changes are designed to stop dangerous individuals from slipping through the cracks. They claim that if local law enforcement doesn’t work closely with Immigration and Customs Enforcement, people who commit serious crimes and are in the United States 🇺🇸 without status might be released into the community rather than deported or held for federal action. For them, expanding sheriff cooperation with ICE is about public safety and upholding immigration laws.
Republican lawmakers argue that being clear and strict on these steps will give sheriffs the “backbone” they need without worrying about what the federal government or courts might do. They believe it will allow North Carolina to have a more secure environment and make it easier for sheriffs to enforce both state and federal laws together.
Arguments from Opponents
Opponents, including several Democratic sheriffs, are worried about the message this law sends to immigrants. They stress that many immigrants might fear any contact with law enforcement—not just criminals, but also crime victims or witnesses. They say this fear could make it less likely for people to come forward about crimes in their neighborhoods, which could make it harder for police to solve or even know about dangerous situations.
Sheriff McFadden summed up many opponents’ concerns by saying that these kinds of laws are written without asking people on the ground. He notes that the relationship between law enforcement and community members depends on trust, and this trust is put at risk whenever immigrants believe that any trip to the jail might mean being handed to ICE.
They also note that local sheriffs are being forced to carry out a federal job. Some critics say that local jails are not meant to be immigration holding centers and that sheriffs’ main role should be keeping their counties safe, not acting as agents for ICE.
Political Path: What Happens Next?
If House Bill 318 passes both houses of the North Carolina legislature, it will go to Governor Josh Stein. Governor Stein is likely to veto it, meaning he would refuse to sign it into law. In that case, Republicans would need to find enough support from Democrats to override the governor’s veto and make House Bill 318 law anyway.
The fact that Republicans continue to introduce bills like House Bill 318 and Senate Bill 153 shows that immigration enforcement is a top issue for them. But with Democratic sheriffs and local leaders opposing these measures, and with the likelihood of a governor’s veto, the debate is sure to grow more intense over the coming months.
Broader Impacts on Communities
For immigrant families across North Carolina, the potential changes are a source of real concern. Many worry that more jail holds, advance ICE notifications, and broader checks will result in more families being separated. Parents fear that even small mistakes or misunderstandings could lead to long detentions or even deportation.
For law enforcement, there is a split. Many sheriffs say they are comfortable with ICE cooperation as it currently exists and worry about being asked to do even more without extra resources or training. Others see their job as following the law, whatever it may be, and will carry out whatever is required.
For employers and local businesses, there are questions about what happens when workers are caught in these expanded cooperations. Some business owners wonder if they could lose employees in the middle of the busy season or whether these changes could lead to labor shortages.
Educational institutions, too, are watching closely. In areas with many immigrant families, school officials worry about losing students if parents are detained. They also want to know how to support children who may see their family members suddenly taken into custody.
A Divided State: A Closer Look
North Carolina’s 100 county sheriffs do not all agree on immigration matters. While the majority had already been working with Immigration and Customs Enforcement before the recent laws, a handful have resisted, often saying that these policies create mistrust between immigrants and police. House Bill 318 would take away much of their discretion.
The bill also amplifies the debate about local control versus state mandates. Some sheriffs say the legislature is interfering too much in their daily operations and would rather negotiate ICE cooperation at the local level.
As reported by VisaVerge.com, these divisions could make it more difficult for the policy to be carried out evenly across the state. If counties resist or seek ways around the rules, there is a risk of patchy enforcement and increased tensions.
Looking Ahead
If the bill passes, North Carolina will become one of the strictest states for sheriff cooperation with Immigration and Customs Enforcement. Supporters believe it will make the state safer. Opponents fear it will sow mistrust and separate families. Either way, the discussion is not just about paperwork or technicalities—it is about the real experiences of people all across the state.
The fate of House Bill 318 remains uncertain. The legislative session will reveal whether lawmakers decide to tighten the rules further or if community concerns will slow things down. Until then, all eyes are on Raleigh, where the decisions being made will affect daily life for law enforcement, immigrants, employers, students, and entire communities for years to come.
Readers who want to follow the progress of House Bill 318 or learn more about ICE detainers and how immigration enforcement works in North Carolina can visit the U.S. Immigration and Customs Enforcement official website for direct details from the federal agency responsible.
In the end, the debate over sheriff cooperation with Immigration and Customs Enforcement will likely continue. Lawmakers, law enforcement, and communities must balance public safety concerns with the need for trust and fairness. The coming months will be key for North Carolina—and for the national discussion about local and federal partnerships on immigration policy.
Learn Today
Detainer → A formal request from ICE asking local law enforcement to hold a person in jail for possible federal custody or deportation.
Class A-1 Misdemeanor → A classification in North Carolina law for the most serious type of misdemeanor criminal offense, just below a felony.
ICE (Immigration and Customs Enforcement) → A federal agency responsible for immigration enforcement, detention, and removal of individuals without legal status in the U.S.
House Bill 10 → A North Carolina law effective since December 2024 requiring sheriffs statewide to cooperate with ICE in immigration enforcement.
House Bill 318 → Proposed legislation expanding requirements for sheriff cooperation with ICE, including additional crimes, detention periods, and notifications.
This Article in a Nutshell
North Carolina’s House Bill 318 intensifies sheriff cooperation with ICE, expanding immigrant status checks and increasing detention times. While supporters claim it boosts public safety, opponents warn of community mistrust and family separations. The legislature’s decision will set a critical precedent for immigration enforcement and local–federal partnerships in North Carolina.
— By VisaVerge.com
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